Me and my husband are buying property in Lyndhurst. My Solicitor has never been on on the bank solicitor panel. Am I still permitted to appoint my Lyndhurst conveyancing solicitor notwithstanding that they are not on the lender list of approved lawyers?
You will need to have a property lawyer to complete the formalities if you take out a loan to purchase your home. They will conduct all the necessary investigations on the property, ensuring that you’re properly registered as the owner and ensure that all the necessary mortgage paperwork is dealt with. One could instruct a Lyndhurst property lawyer of your choosing. Nevertheless, if the conveyancing practitioner appointed is not a member of the bank approved list supplemental costs will be levied as separate legal representation will be need by the mortgage company. Lender panel applications may be submitted, so provided your solicitor has not previously applied for membership they should take the chance to apply.
I purchased a freehold house in Lyndhurst but nevertheless charged rent, why is this and what is this?
It is rare for properties in Lyndhurst and has limited impact for conveyancing in Lyndhurst but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
Are the BSA planning on creating a search tool with a view to to identify firms on the Loughborough BS conveyancing panel for example in Lyndhurst?
We have not been informed any plans on the part of the BSA to promote such a register.
I am close to exchanging contracts on the sale of our house in Lyndhurst and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A local lawyer would know this is not the case. For the life of me I don't know why the buyers instructed a national conveyancing outfit rather than a conveyancing solicitor in Lyndhurst. We have lived in Lyndhurst for 4 years we know of no issue. Should we contact our local Authority to obtain confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing lawyer currently acting for you. Are they able to advise? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
I am buying a new build flat in Lyndhurst. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Lyndhurst
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please provide evidence that the form of Lease proposed has been approved by the Land Registry.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a simple, no chain conveyancing. Lyndhurst is where the house is located. Can you offer any guidance?
Flying freeholds in Lyndhurst are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Lyndhurst you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Lyndhurst may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.